Fox Waterway and Spring Lake Marina operators are named in a wrongful death lawsuit that alleges that the two entities knew the dangers of DUI boaters on Petite Lake but failed to warn a family before their son was killed by a drunk boater, as reported by the Chicago Tribune.
T.B., 10, was struck and killed by a speedboat that ran over him in July 2012 on the Chain O'Lakes. T.B. had been tubing on the lake while on vacation with his family. The family resides in Libertyville.
The suit alleges that both operators of Fox Waterway and Spring Lake Marina were aware of the dangers posed by drunk boaters. The Chain O'Lakes is very popular and heavily traveled by both boaters and swimmers.
Neither warnings nor actions were taken by Fox Waterway or Spring Lake Marina prior to T.B.'s death.
The suit is asking for damages for negligence and emotional distress.
D.H. was the boater in the accident. Both alcohol and cocaine were found in his system. In June of this year D.H. pleaded guilty to aggravated DUI and was given a 10 year prison sentence.
Matthew Dudley, the family's attorney, said, "Petite Lake is really a small lake known for a sandbar where people congregate and drink. On a weekend, that is not a safe place to take your family. This is not information that is passed on to anybody."
The lawsuit had originally been filed against D.H. and his passenger R.M. The suit was then amended to include the waterway company and the private marina. Spring Lake Marina is where T.B.'s father rented a boat and the tubing equipment.
The lawsuit states that since 2009 there have been a total of 11 accidents and nine injuries on Petite Lake.
Restrictions on the sizes of the boats and a maximum speed limit, according to the suit, should have been put in place and monitored by the Fox Waterway Agency. An area made safe for tubing should have also been designated.
Additionally, the marina operators falsely advertised Petite Lake as a safe destination for families.
Dudley said that agency officials have "done nothing " since T.B.'s death and that "their actions would suggest they think nothing is wrong on the chain. They are very content with the status quo."
According to an agency press release, there are three Senate bill measures proposing new laws: One would require that anyone guilty of DUI would have their license suspended for three months. The second would require a boating safety certificate, issued by the Illinois Department of Natural Resources, to anyone born on or after January 1, 1990. And the third would entail that a red or orange flag be displayed by any boat operator that is towing a person or persons.
If a loved one in your family has lost their life due to the negligence or recklessness of another party contact a personal injury lawyer to file your lawsuit. Oftentimes monetary awards are made for your damages.